Details - Complaints that were Upheld by the Consumer Complaints Council (CCC) From July 2006 to September 2006

     # Intra-Industry Complaints   * ASCI  Member    $ Consumer Representational Organisation
Sr.
No.

Advertiser / Agency / Media

Claim / Description of Ad / TVC

Complaint

ASCI Code/ CCC  Decision

1.

General Motors India Pvt Ltd
(Tavera Car)

Rediffusion DY&R(*)

Sahara One(*)

(6/4/2006)

Visuals - “Cricket players playing the game using a Tavera”.

Advertisement promotes rash driving and is dangerous. 

June  2006
Chapter III.3.
Actions portrayed in the visuals depicted in the TVC, show dangerous practices and manifest a disregard for safety without justifiable reason. 

TVC  modified.

2.

Bajaj Auto Ltd
(Bajaj Platina Bike)

Lowe(*)

Ten Sports

(5/6/2006)

Visuals - “A boy riding a bike and a girl driving a car.  The girl keeps flicking her car headlights at the boy who zig-zags all over the road (going into the lane for oncoming traffic).  In the end, the boy on the bike gets behind the car and starts flicking his  bike’s headlights at it”

Advertisement depicts road safety and traffic rules as something that can be broken at will or something that need not be taken seriously. 

August  2006
Chapter III.3.
Action sequences, depicted in the TVC, show dangerous practices and manifest a disregard for safety without justifiable reason. 

TVC  discontinued.

3.

Procter & Gamble Home Products Limited(*)
(Ariel Sachet for Rs.2/-)

Saatchi & Saatchi(*)

Sony Max(*)

(16/7/2006)

Visuals –“A boy spraying ink from his pen by shaking it onto the back of another boy’s shirt.  He then closes the door, opens it and shakes the pen again.  Unfortunately it is sprayed onto the front of a teacher’s shirt”. 

Voiceover - “as long as Ariel is there for Rs.2/- the shirt can be washed white”.

It is quite objectionable and wrong to put this message across using children.  The advertisement should be withdrawn, since it shows this act being done by a child, it may prompt and encourage other children to adopt the same antics which are harmful.

August  2006
Chapter III.2(b).
TVC featured an act which was likely to encourage minors to emulate such act in a manner which could cause them harm or injury.    

TVC  discontinued.

4.

$

“An Appeal to all Terrorists”

Sunny Advertising

Mumbai Mirror(*)

(13/7/2006)

Advertisement issued in public interest.
Statements - “Please do not kill absolutely innocent people”

“ If you have to fight, fight with those with whom you have a problem”.

Message conveyed in the advertisement is erroneous and misleading.
Statement is abominable. 

This is clearly an insidious exhortation to those who believe in their misguided cause.  If one considers the very existence of the Indian state a problem, this line suggests that you fight the Indian state.

August  2006
Chapter III.1(a).
Advertisement tends to incite people to crime, promotes disorder, violence and intolerance. 

Ad. Agency informed that Ad, a one-time insertion, an a no further Ads scheduled.

5.

$

Triumphant Institute of Management Education Pvt Ltd
(CAT 2005 Results)

Tiara Advertising

The Times of India(*), Delhi

(16/7/2006)

Advertisement shows a bar chart.  Frst bar depicts the number of final selections of students of T.I.M.E. appearing for the Common Admission Test 2005, into the IIMs –1682 (figure purported to be validated by KPMG).  Second bar depicts a similar figure for IMS - 828 (not validated by any claimed source). 

Third bar shows the corresponding figure for PT Education –521, the source of the information is not mentioned.   Finally, the chart mentions CL (Career Launcher India Ltd).  There is no figure mentioned for final selections into the IIMs, but shows a question mark (?) above the name `CL’, without any validation.

Any commercialization of this is incorrect and grossly unfair to the student community.
The advertisement by the very nature of its ambiguity, unjustifiable use of a competitor’s name, attempts to confer an unfair advantage upon itself and attempts to mislead the consumer as a result of the comparison.

September  2006
Chapters I.4 and IV.1(d).
Data mentioned in  Advertiser’s comments, was incomplete and not comparable with the other Institutions mentioned in the advertisement.  Specific source from which the data was quoted, was not validated.  Advertisement was considered ambivalent. Advertisement was misleading by ambiguity and was unfair to competition. 

Advertiser informed that,  Ad appeared in T.O.I. , Delhi, dated 16/7/06, withdrawn, and  Ad campaign suspended temporarily. 

6.

$

Assotech Supertech (JV)
(The Metropolis –Residential address for corporate citizens of Rudrapur)

Percept H Private Limited(*)

The Economic Times(*), Lucknow
(14/8/06)
The Economic Times(*), Mumbai

(16/8/06)

Advertisement carries the image of a letter addressed to “Mr. Bajaj”signed by “Ratan”, and the letterhead carries the half-erased name of “R. Ta…”on the right hand top corner.

From the content of the letter it is quite clear that it is a letter of recommendation eulogising The Metropolis at Rudrapur,  an apartment/serviced apartments complex.

The name “Ratan”has been mischievously used in the letter (as is the use of Mr. Bajaj’s name –another well regarded industrialist), very clearly alluding to Tata Group’s Chairman, Mr. Ratan Tata.   The half erased name “R Tat…”, is only a further allusion to Mr. Ratan Tata. 

September  2006
Chapter I.4.
Advertisement was misleading by implication. 

Advertiser informed  that advertisement had already been withdrawn on receipt of a Notice received from the Complainant’s Counsel.

7.

$

Quantum Asset Management Co Pvt Ltd
(Quantum Mutual Fund)

Maxigen Communications

India Today

(31/7/2006 issue)

Quantum Asset Management Co have copied the visual of “Pizaxx –Har Snack ka Big Baap”that Smokin’Joe’s are advertising in mass media (since March 2006), as part of the campaign for their new product –Pizaxx,  which is a pizza snack

This financial advertisement shows the picture of a `Pizaxx’product.  The advertiser/agency should not use this picture in any form of communication.

September  2006
Chapter IV.3.
Advertiser’s advertisement was similar to the Complainant’s earlier run advertisement in visual presentation, so as to suggest plagiarism. 

Ad. Agency  informed that they had already stopped using this visual in all their media campaigns after 12th August 06, on receipt of the Complainant’s letter to the Advertiser. 

Ad. Agency also assured that this visual will not be used in any form of communication, in future.

Secretary General | Date:   8th November 2006